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Man allegedly caught committing one burglary charged with five more

By Howard B. Owens

A man allegedly caught in the act of burglarizing a residence on Griswold Road in Le Roy Feb. 12, has been charged with five more burglaries in Stafford and Bergen.

Jeffrey J. Leaton, 22, of Caswell Road, Byron, was arraigned in Bergen Town Court today on five counts of burglary, 2nd, a Class C felony.

Leaton is accused of stealing jewelry and cash from two homes on Griswold Road, Stafford, and homes on West Bergen, Hunter and Peachey roads, Bergen.

The suspect remains jailed on $20,000 bail.

Sponsored Post: YNGodess Celebrates 1 Year in Business!

By Lisa Ace

Today the YNGodess celebrates our 1st anniversary! We've been blessed with over 16,000 customers as we continue to grow. Our wine selection is unique and expanding weekly. We also support New York State wines with pride.

I'd like to thank the community and our friends for welcoming us and showing their support. It's been a beautiful experience getting to know everyone. I can't thank my wonderful staff enough, including my mom and sister, for all their continued hard work and customer service.

We'd also like to thank The Batavian for helping us grow our business over the past year.

Pictured above, from left, the YNGoddesss staff: Sandy Nixon, Theresa Kershner, Jack Kershner, Alisa Dickson. Not pictured: Jill Panipento, Amy Luckenbach, Denise Garrett.

Law and Order: Woman accused of driving vehicle with stolen plates

By Howard B. Owens

Sandra Eileen Pawlukewicz, 46, of Gibson Street, Bergen, is charged with criminal possession of stolen property, 5th. Pawlukewicz was stopped at 4:26 p.m. Tuesday on Lake Road, Le Roy, by Deputy Matthew Butler. She was allegedly driving a vehicle with switched plates and a suspended license. The plates were later found to be stolen.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with criminal contempt, 2nd. Perry is accused of violating a court order by contacting a person he was ordered not to contact. Perry allegedly placed more than 100 phone calls to the person while at the Genesee County Jail.

A 17-year-old resident of Quinlan Road, Le Roy, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Jon Hoyt Bush, 29, of Oak Orchard Road, Elba, was arrested on a Family Court warrant out of Livingston County. Bush was taken into custody at the Sheriff's Office after Bush went to the office with another individual on an unrelated matter and Deputy Joseph Corona recognized Bush as a warrant suspect.

Sheriff's Office receives $5.4 million grant for radio system upgrade

By Howard B. Owens

Press Release:

Genesee County will receive $5,435,095 in grant funding from the New York State Division of Homeland Security and Emergency Services, Office of Interoperable Communications to upgrade the county’s 800 MHz Public Safety Radio System. Legislature Chair Mary Pat Hancock was notified of the grant award in a letter dated Feb. 4, 2013, from the New York State Division of Homeland Security.

The funding will be used to upgrade the County’s Public Safety Radio System from an analog system to an interoperable digital system. Sheriff Gary T. Maha stated, “The upgrade is necessary to accommodate public safety radio coverage needs, radio tower sites, radio infrastructure, first responder notifications and subscriber radios. There have been some deficiencies in our current radio system which must be corrected.”

The grant funding is part of the $102 million recently awarded to counties through the Statewide Interoperable Communications Grant Program.  Genesee County’s application for this grant funding was submitted by the Genesee County Sheriff’s Office.

The Genesee County Legislature Ways and Means Committee, during its meeting on Feb. 20, 2013, recommended establishing a capital project for the radio system upgrade.

Thomas Houseknecht's response to Jason Molino

By Howard B. Owens

Here's Thomas Houseknecht's response to the letter from Jason Molino that we posted earlier:

UPDATE: We received this e-mail from Thomas Houseknecht this morning. I think Mr. Houseknecht's note at the top explains the need for the update. I'm not a fan of unpublishing something once it's published. Mr. Houseknecht's original e-mail is preserved after the jump (click on the headline); however, the new one is obviously the one that matters most.

After returning home from work late yesterday and reading Mr. Molino's response that I initially read on The Batavian, I too did not see all of the attachments. Having read them all minimally changes my response to withdraw my statements that my questions have not been answered. The text below is my response corrected after reading the other attachments:

Mr. Molino,

I appreciate the service you provide to our community and the difficulties you are faced with as you prepare a budget. As much as I appreciate the invitation to sit down with you and your staff to review numbers, this public letter you have written to me is puzzling and only adds to my discontent with the current refuse and budget proposal. It seems to have been written to once again praise the value of a user fee approach in an effort to mute the opposition in preparation for City Council’s vote on February 25. Unfortunately, as the City has handled this issue with little prior public input and as part of your overall budget proposal, I have had no alternative but to express my concerns through public comments and media postings. Your offer to discuss it at this late date seems disingenuous as it appears that there is little or no time for dialoging to, as you stated, “better communicate our intentions and goals for the City as it relates to refuse collection both now and in the future,” prior to the Council vote merely two business days away.    

In your response, you continue to make your case to impose a user fee and its merits as you see them verses the current means of both collecting refuse and paying for collection. I could make the same argument for school taxes, but both discussions are diversions from the discussion of the actual financial impact on the majority of city residents. In your responses, you draw conclusions that the majority of properties will see a reduction, but this does not necessarily support your conclusion that the majority of residents will save money. Commercial properties, who will be relieved of the costs of refuse collection, are not residents and they do not vote. It stands to reason that if the overall cost of the new program represents a savings of $300,000 to commercial properties and those with higher assessments will achieve a savings as well, that a program with a total savings of approximately $260,000 must be passing on an increase to the lowest valued properties in the city. Therefore, it is reasonable to conclude that this proposal will adversely affect the majority. I appreciate that you do recognize that failure to remove it from the property tax will cause Council to have to vote to exceed the property tax cap with the current budget as proposed.

My assumptions were simple and need no further explanation as they were arrived at through the City’s website postings, including the 2012 tax rolls. You have the best possible access to this data, yet you again present a biased view of the actual number of city residents who will effectively be paying more for their city services under your proposal. Your answers draw conclusions that once again skew the argument to the user fee. The fact sheet on the City’s website states that “close to 90 percent of city residents will save money under the proposed plan” in a comparison of the current program to a user fee program. At a recent Council meeting, you were quoted in the news media stating that 65 to 75 percent of residents will save money. Your most recent response to my questions as presented to City Council states that 56.4% of single family homes will save. Clearly, from your own statements, the percentage of homes that will save has changed throughout these proceedings. Please explain these statements to the residents of Hutchins St., Swan St., Kingsbury Ave., Lyon St., Tracy Ave., to name a few where the vast majority will pay more. Again I ask, what is the actual number of city residents that will pay more?

Your response to my e-mail to City Council, that I have just received for the first time, attempts to discredit my analysis of homes that will pay more by discounting those that are multi-family and rental properties. As these residents will also be impacted, is it fair to exclude them? Also, the Senior discount does not eliminate the fee, it merely lowers the break-even point. I believe this furthers the argument that the full impact has not been assessed. The misrepresentations in the City’s presentation cause me to further question some of your new assertions. 

Batavia has historically included refuse collection in the property tax.  Converting to a user fee may be desirable from a budget preparer’s standpoint, but it will adversely impact the majority of city residents. This simple fact must be recognized and be a part of the discussion. City management’s attempt to leave this fact out of the discussion is unacceptable and dishonest to me. It is possible that all of the numbers being discussed by both of us are thoroughly confusing to City residents.  Therefore, at the public hearing I asked Council, and will again ask Council to take the five following steps :

1. If you still have doubts about the analysis I have presented, have city management or an independent party review the tax roles and determine exactly how many residents will be adversely impacted. The 2012 assessment role is available on the city’s website for all to see.

2. Once you have completed your due diligence, vote against the change to the ordinance that is required to change the current refuse program to a user fee.

3. Find out why you were presented with bad information upon which to base your decision and take the appropriate actions to insure that it doesn’t happen again.

4. Take another look at the budget and cut unnecessary functions of city government.

5. Establish a refuse committee of citizens, which I would be happy to serve on, to look at how recycling could be increased or a PAYT system could be phased in with ARC as our provider in a manner that would truly benefit all residents.

In closing, I would like to reiterate that I appreciate the difficult job you have in preparing and implementing a budget for the City of Batavia, especially when faced with NY’s property tax cap. I simply ask that all of the facts be presented in a fair, honest and concise manner before our council members are asked to put their reputations on the line with their votes.

Sincerely,
Thomas Houseknecht

Original e-mail replaced by the revised one.

Mr. Molino,

I appreciate the service you provide to our community and the difficulties you are faced with as you prepare a budget. As much as I appreciate the invitation to sit down with you and your staff to review numbers, this public letter you have written to me is puzzling and only adds to my discontent with the current refuse and budget proposal. It seems to have been written to once again praise the value of a user fee approach without answering any of the questions or concerns I have raised in an effort to mute the opposition in preparation for City Council’s vote on February 25. Unfortunately, as the City has handled this issue with little prior public input and as part of your overall budget proposal, I have had no alternative but to express my concerns through public comments and media postings. Your offer to discuss it at this late date seems disingenuous as it appears that there is little or no time for dialoging  to,  as you stated, “better communicate our intentions and goals for the City as it relates to refuse collection both now and in the future,” prior to the Council vote merely two business days away.   

You opened your letter stating that you were responding to my questions, but you did not respond to any of them. You simply make your case to impose a user fee and its’ merits as you see them verses the current means of both collecting refuse and paying for collection. I could make the same argument for school taxes, but both discussions are diversions from the discussion of the actual financial impact on the majority of city residents. This statement of your reasoning for the conversion does not answer the question as to whether this proposal will adversely affect the majority nor does it answer the question as to whether it attempts to get around a vote on the city’s property tax cap, as I have asserted.

My assumptions were simple and need no further explanation as they were arrived at through the City’s website postings, including the 2012 tax rolls. You have the best possible access to this data, yet you again fail to reveal the actual number of city residents who will effectively be paying more for their city services under your proposal. If you use the average assessments quoted in your response, any reasonable person would agree that it is dishonest to make the case that the majority of residents will save money under the proposed system. Yet the fact sheet on the City’s website states that “close to 90 percent of city residents will save money under the proposed plan.” At a recent Council meeting, you were quoted in the news media stating that 65 to 75 percent of residents will save money. Your most recent response to my questions as presented to City Council states that 56.4% of single family homes will save. Clearly, from your own statements, the percentage of homes that will save has changed throughout these proceedings. Please explain these statements to the residents of Hutchins St., Swan St., Kingsbury Ave., Lyon St., Tracy Ave., to name a few where the vast majority will pay more. Again I ask, what is the actual number of city homes that will pay more?

Your response to my email to City Council, that I have just received for the first time, attempts to discredit my analysis of homes that will pay more by discounting those that are multi-family and rental properties. As these residents will also be impacted, is it fair to exclude them? Also, the Senior discount does not eliminate the fee, it merely lowers the breakeven point.  I believe this furthers the argument that the full impact has not been assessed. The misrepresentations in the City’s presentation cause me to further question some of your new assertions, especially the one where you state that all properties under $77,200 will benefit with lower costs. If the City has to live within the 2% property tax cap, the break-even point becomes $85,600.

Batavia has historically included refuse collection in the property tax.  Converting to a user fee may be desirable from a budget preparer’s standpoint, but it will adversely impact the majority of city residents. This simple fact must be recognized and be a part of the discussion. City management’s attempt to leave this fact out of the discussion is unacceptable and dishonest to me. It is possible that all of the numbers being discussed by both of us are thoroughly confusing to City residents.  Therefore, at the public hearing I asked Council, and will again ask Council to take the five following steps :

1. If you still have doubts about the analysis I have presented, have city management or an independent party review the tax roles and determine exactly how many residents will be adversely impacted. The 2012 assessment role is available on the city’s website for all to see.

2. Once you have completed your due diligence, vote against the change to the ordinance that is required to change the current refuse program to a user fee.

3. Find out why you were presented with bad information upon which to base your decision and take the appropriate actions to insure that it doesn’t happen again.

4. Take another look at the budget and cut unnecessary functions of city government.

5. Establish a refuse committee of citizens, which I would be happy to serve on, to look at how recycling could be increased or a PAYT system could be phased in with ARC as our provider in a manner that would truly benefit all residents.

In closing, I would like to reiterate that I appreciate the difficult job you have in preparing and implementing a budget for the City of Batavia, especially when faced with NY’s property tax cap. I simply ask that all of the facts be presented in a fair, honest and concise manner before our council members are asked to put their reputations on the line with their votes.
Sincerely,
Thomas Houseknecht

State of the County address

By Howard B. Owens

Text of Mary Pat Hancock's State of the County Address:

Good evening and welcome to our 2012 State of the County Address. It is always a treat for me to prepare these programs. Although we have all lived through the time period, often our memories are blurred by the cataracts of multiple tasks and layers of activities and responsibilities present in each of our lives. So this is our chance to examine some of the transforming events of 2012 and suggest some goals for the coming year. 

This will not be my usual State of the County. In the past I have gone through the accomplishments of each department and perhaps the challenges facing them in the New Year. This year those accomplishments are still most significant, especially remarkable as we are all operating under strict fiscal restraints that place additional duties and responsibilities on all. But this time I choose to take the GPS view of our county -- from a height. What major trends are impacting us and how are we, as a county, dealing with this new order? These changes are so significant that every department, every employee, as well as all of our citizens are impacted. Let us start with the national level. 

My term of office as the President of the New York State Association of Counties ran from September of 2011 until Fall of 2012. As president, I attended three meetings of the National Association of Counties, representing NYSAC. My access to the policy making board meetings of that group was total. What an amazing experience. Hopefully, I carried the message that New York was indeed, “Open for Business” and working hard to improve. I was able to increase my knowledge of how other counties work in this nation and what role they play. Personally, I was impressed with Pittsburgh, the location of the Summer National Conference, and the city of my birth. The results of its comprehensive overhaul were amazing. The leaders in that community never gave up on their city and it does them credit.

During the many networking exchanges I also learned that the frustrations of other states are similar to ours, and yet they can be different in ways that are enormously challenging. We most often are frustrated by state and federal regulations, aging infrastructure and fiscal constraints, although (Super Storm) “Sandy” certainly woke us to another level of challenge. Many of them are challenged by shortages of natural resources, climate change, natural disasters and of course, tight revenues. We always have the hope that laws and regulations will be modified and improved -- many of them have to face the reality of reinventing themselves to face new unalterable circumstances. We have much to learn from each other. In addition many of the newer trends in government were featured in presentations and workshops. Some of these are becoming familiar to us; collaboration is one of these trends. A myriad of workshops and presentations demonstrating various “how to implement” as well as an equal number explaining “why it is necessary to explore” presented a world of data and opportunities to connect with those successfully practicing what they preach. One of these workshops led to learning about a grant for counties collaborating and sharing a public health administrator. We were able to apply and qualify for that national grant. It is an exciting concept recognizing our cross-jurisdictional sharing. A connection with the national association is very useful in this fast-paced, changing world. I would encourage us to keep that connection alive. In addition, with our new representative, Congressman Collins, recently sworn in right here in our courthouse we can work to keep the federal communication lines to counties open, strong and productive.

At the state level, it was a challenging time for NYSAC, the New York State Association of Counties. Their goal, as established by their membership, was to rein in unfunded state programs that counties administer, or increase the state funding to pay for “their” mandated programs. The association was recognized by the Empire State Society of Association Executives for their Excellence in Government Relations specifically for their mandate-relief advocacy campaign developed by NYSAC’s staff and leadership to educate state lawmakers on the issues that impact counties.

More after the jump (click on the headline):

To start with, the Governor’s State of the State of last year was disappointing from a county’s view. Nothing about mandate relief, a property tax cap on target to start, and a great deal of emphasis on the fiscal crisis in the state, with advice to the counties to tighten their belts. This, if you remember came after a very active effort during the fall on the part of counties to communicate our overpowering burden of imposed state expenses for our taxpayers. However, the 9 for 90 campaign began to pay off…in the following state budget message, a glimmer of better news was introduced. A new pension tier and a phased-in cap on county contributions to Medicaid growth promised some small relief in the future.

During the February meeting we were honored by having the governor attend our NYSAC Conference and deliver a speech that appeared to recognize the difficulties counties still faced. A Medicaid Task Force was formed and they were given the job of finding some ways to lighten our burden. Hearings were held across the state as the task force sought information from the various regions. We testified at those hearings, as did many members of county government, general taxpayers, and providers. An increased cooperative effort was mobilized by NYSAC with a Web site filled with information and suggestions to better communicate the critical nature of the situation. But in spite of increased efforts, including press conferences, letter campaigns, legislative contacts, public meetings and finally Mandate Mayday, there was no additional relief and our budgets for 2013 had to be constructed with great care and frugality to insure that services could be maintained and our bottom line was under the state imposed tax cap. Indeed many counties could not accomplish both. Ours did do both, but how long will this be possible?

Most recently our State Comptroller has recognized the serious nature of the situation; identifying that the federal and state reimbursement has not kept pace with rising operational costs facing local governments over the past 10 years, forcing local governments to rely on sales and property taxes to make up the differences. We knew that. It was our message, but we were encouraged to have our dilemma recognized at such a high level. Recognition did not spell relief.

In a recent statement, NYSAC Executive Steve Acquario cautions that it is worse than stated by the comptroller. During the last 10 years rising costs have outpaced state assistance, and shifted more of the costs of state mandated programs on to county property taxpayers. In nearly every major category of spending, counties are receiving less reimbursement than they did five years ago, while costs and caseloads have risen. New York’s county governments cannot sustain the state’s expenses at the local government level. Over the last decade, cuts in state funding, lagging reimbursements, and cost shifts have forced counties to raise property taxes, cut jobs, eliminate or trim local programs and services, and sell or close community facilities such as nursing homes and certified community health agencies.

A property tax cap cannot be sustained unless the state reduces the costs of their mandates sufficiently to support local revenues as was promised when the tax cap proposal was introduced. This problem is not going away. A strong local government system is essential to a strong and efficient state government, as the local governments are the hands that deliver the state services. Change must occur and it must be implemented at the state level. The locals have done what they can. There is very little more downsizing possible without a collapse of the delivery system.

I suggest that counties have no option but to continue this marathon until our reasonable goal is reached. As with any marathon, help along the way is essential -- from the media, in getting our message out there and making the connection between budget cuts and mandate pressure, from community organizations representing business, agriculture, volunteers, not-for-profit groups, and community supporters, in speaking up and insisting on action addressing the real causes of escalating taxes -- and from governments at all levels, in putting their differences aside and jointly advocating for change, either the size of the state mandate burden or the manner in which those mandates are funded.

At the county level, we have seen many changes both as the result of natural events such as retirements and as the result of efforts to operate in the evolving fiscal climate, sometimes a combination of both. For instance, the retirement of our planning director, led to an exploration of a possible reorganization of that department. After the study, it was established that the present configuration, with modifications, was the best plan for the present and the foreseeable future. But, Genesee County must continue to explore new ways to deliver services as the resources are dwindling and sometimes a change might work for the better…it is always worth examining. 

Our nursing home administration changed leaders and also experienced a significant retirement, that of the comptroller, which led to a reassignment of tasks and changes in the management configuration.  Cost efficiencies and marketing efforts did result in some encouraging bottom line results, but the county still is facing shortfalls of over three million dollars a year in the nursing home budget. Our general fund has to make up that difference. We can expect continued exploration of solutions to funding our four stars rated long-term care facility. 

A very significant change occurred in the Public Health Department. A previously mentioned collaborative effort on the part of Genesee and Orleans counties and their boards of health led to the shared services of the public health director, upon the retirement of our previous director.  Now the appointed public health director serves both Genesee and Orleans counties. Such a move has enabled us to compete for and receive a national grant for such consolidation. This grant will help us to maximize this opportunity for improving services at a cost savings. This is a fine work in progress and the boards of health of both counties are to be congratulated for their willingness to explore new options. In addition, our mental health director has taken a position with the Erie County Mental Health Department and is presently assigned to serve both Erie and Genesee counties as their top mental health administrator. The delivery of mental health services is undergoing a great deal of change at the state level. We are advised that the trend is toward the regional, at the administrative level, so we are watching these changes carefully to insure a continuation of fine essential services to our citizens. The Community Services Board was challenged to break new ground and worked hard to make sure there was no interruption during the transition period.

After many years of service, the retirement of our Veterans’ Service director precipitated a replacement search to find just the right person to help our veterans with their needs. The swelling number of veterans, the changing benefits, and the diverse needs of our veterans makes the position most challenging. With the help of representatives from several veteran organizations, the legislature formed a committee to review the applicants and recommend several candidates to the legislature. An exceptional candidate was hired and has been working in the position since summer. The offices of the Veterans’ Services were changed after trying several locations. The new location suits everyone and has sufficient room and privacy to accommodate their needs.

There have been and will be several other significant retirements, not the least of these is our own legislative clerk, who has served for many years in a sensitive and demanding role. She has assisted new legislators as they accepted their new responsibilities and kept us all on track with Robert’s Rules (of Order), accurate minutes, gentle reminders and policy matters. She will be greatly missed upon her early spring departure.

As people retire from their years of valuable service to our county, we know that each individual cannot be replaced. But when positions can be filled we bend every effort to select a person with skill sets that are tailored to the job…over time they put their stamp on the position perhaps adding something new and retaining some of the tried and true methods that worked in the past.

During the last year a new and very powerful entity has emerged to influence our attention, the way we apply for funding, and our strategic planning. The 10 Regional Economic Development Councils were established by our governor as a way to revitalize the economic health of our state. Our county was placed in the nine county Finger Lakes Region. In each region, the voting members were chosen by the governor, with help from a state panel and co-chairs were assigned by the same panel. Each of the nine counties has a seat and a voice at the table, but not as voting members. The first year was especially challenging as the procedures and time lines were created as we worked through to establish an overall Five Year Strategic Plan. A Consolidated Funding Application (CFA) was created and now is the necessary application for most funding requests on a statewide level. It was an effort to simplify the application process and funnel the many applications to the correct funding sources. 

The 10 councils were in competition for the $240 million to be awarded and divided among to the top three regions having the best developed strategic plan for their area. All identified projects requesting funding had to be approved by the council and demonstrate significant ways they moved the strategic plan forward. The first year of competition found the Finger Lakes Council at the top of the award winners…of those not in the top three positions. The second year the Finger Lakes Region received the top award.

As important, perhaps, was the inclusion in the plan of our own Stamp Project as one of the 10 Priority Projects chosen by our region as transformative. This recognition by the entire region certainly was a necessary and appreciated seal of approval. The members of the selection committee had many very competitive projects to judge. Our Stamp Project was chosen for its vision, future impact on the region, and for its perfect use of our local resources to address the needs of the science, technology, and advanced manufacturing world. A very few sites around this globe have all the requirement -- and one of them is in Genesee County and the Finger lakes Regional Economic Development Council recognized that.

The council is now beginning its third of five years of the strategic plan and the various focus groups which were established by our region are working diligently to identify the most appropriate and strongest projects for our area.

Two other regional councils are not as new, but are in the spotlight as their work finds new acceptance and importance in today’s world. They are the Genesee Regional Transportation Council and the Finger Lakes Regional Planning Council. These hardworking and productive councils have been producing plans and working with the same members of the nine county region that the FLREDC serves and so much sharing of information and collaboration has occurred and continues. NYSERDA is now working with both groups and again, the same cast of characters of the nine county regions, to develop the first overall Strategic Sustainability Plan for this region in 50 years. The linkage between all of these groups is pretty strong, and rightly so. Hopefully, the emphasis on planning, local strengths, and efficiency will raise our level of accomplishments by a measureable degree.

I want to emphasize that much of what is happening is new -- new meetings, committees, workshops, obligations and requirements. In most cases, not of our doing…but our participation is essential to ensure that Genesee County has a strong voice in the regional chorus. That being said, I call your attention to the nine members of this legislature who are bringing your voice to the tables. Each of us serves on at least one committee which is multi-county. And there are many other committees and work groups which also impact several departments, legislators serve on those as well. It is my honor to serve with these dedicated individuals.  We attend workshops and educational presentations which help to keep us current. It also takes additional time from personal lives. The role of a county legislator has expanded from practical knowledge of our district and how it fits into our county, to how our county fits into our region, how our region fits into our state, and how the federal government impacts all of us. To know less means that laws and or rules and regulations regarding transportation, agriculture, economic development, health care, land use, law enforcement, emergency management, and taxation, etc., -- all areas impacting us greatly, may be changed without our knowledge and input. Certainly our administrators are also required to be on top of their game on all of these changing laws and regulations which impact county government. It is a daunting task and leads to energetic discussions, continuing education, brainstorming, and the careful vetting of the flood of information we receive. When these individuals bring the requests on behalf of Genesee County to our regional, state and federal representatives, it must be with a comprehensive knowledge of the matters under discussion. We must have the facts and figures regarding the effect of legislation on our county to be effective and I am proud to say, we do.

Genesee County is productive and attracting business and industries during very difficult time statewide. But we can always improve. Our Comprehensive Plan is 17 years old. It has not been shelved, nor has it gathered dust. It is a useful plan and is updated yearly. But, the times may require more. At a meeting of the Genesee County Chamber of Commerce’s Business Development Council, it was suggested the Steering Committee for the plan meet to go through the document and come up with a few key priorities. These might be adopted for more focus. An energetic distribution of the plan would follow with significant outreach to share information as well as gather new ideas and participants. It is not enough that we have a plan and that it works, it should be the best plan possible, one that will move us forward and take advantage of the new technology. This plan would start on a higher plateau…where we are now and enable us to reach higher with a new and clearer vision for the future. 

Genesee County enjoys an enviable reputation for solving their local problems in a creative, collaborative and successful manner. Let’s look back at some outstanding examples. The court facility, countywide water project, Smart Growth, the Comprehensive Plan, the GCEDC, the airport, our five active industrial parks, the animal shelter, the senior center, dispatch center and Public Safety building, the reorganized Emergency Management Group, the countywide study of wastewater needs and resources, the consolidation of agricultural districts, relocation of the Mental Health and Department of Social Services departments, the privatization of a countywide ambulance system, the melding of the Treasurer’s Office and the Real Property Tax and Assessment Office, the continued growth and expanding services of the IT Department in spite of fiscal constraints, recent changes to the Public Health Department and the expansion of our Genesee Community College -- both facilities and curriculum. The list goes on, as we are constantly examining better ways to accomplish our tasks and deliver our services with dwindling resources.

I have been fortunate to have been part of the Genesee County Legislature for over 20 years. During that length of time, I have witnessed significant changes to our local government. Some are very good and of our own making, some are not so good and imposed. The funny thing about change is that sometimes it happens so gradually that we are unaware of its impact. But when we turn around, the world is different.  Sometimes we are changed in little ways, sometimes the changes are transformative. For instance, we used to read the minutes of all the standing committees aloud at our legislature meetings, the buildings were not air-conditioned, energy efficient, or handicapped accessible. We used phones, face-to-face meetings, and letters to communicate. Were these small or large changes? It depends on your point of view.

Let’s look at just a few of the transformative changes and how we do business now. We do business now, in addition to the phones, face-to-face, and letters. We also communicate with smart phones, iPads, iPhones, laptops and computers with many webinars and conferences on site and technologically produced. Not only is the technology different, it has made us different with more data and more immediately available data…and the expectation that we are also immediately available. Maybe the biggest transformative change -- our local budgets have perimeters set by Albany. Did you all look at your property tax bills? That pie chart on the back says it all. We spend four times as much on just one state mandate…Medicaid, 43 percent, as we spend on all our local services, 10 percent. The other mandates account for the other 47 percent of our budget and that local 10 percent share must cover maintenance and replacement for our local roads and bridges, public safety, services to our elderly, our young people, and our veterans, any cultural or recreational resources for our citizens, and the nursing home. Our aging infrastructure needs attention and we must find the resources needed to address this safety, economic, and convenience issue from that same 10 percent. 

During my time on the legislature, I do not remember when we could ever sit back and say…”There, now we have no issues on the table. No big challenges to be seen this year…or next. All is well.” But, you know, the challenges were met, the issues were resolved, and life did go on. The legislature was and still is, committed to working out the solutions together, whatever the problems. I am confident that will continue, and Genesee County will survive and thrive for another 210 years, stronger, with careful attention to all its resources, and so very well located, in other words, better than ever. Could you all raise your hand…like this? Let us look to the future and toast its arrival virtually and fearlessly. It will come, ready or not, and we are ready!

Chimney fire is reported on Barrville Road, Elba

By Howard B. Owens

A chimney fire is reported at 5092 Barrville Road, Elba.

Elba Fire Department is responding.

UPDATE 8:44 p.m.: Chief on scene reports heavy smoke from the chimney.

UPDATE 8:46 p.m.: A tanker from Barre is in route. A chief says, (I think he said), "We've got 'charring' on the wall."

UPDATE 8:56 p.m.: Oakfield requested to fill in at Elba's hall.

UPDATE 9:06 p.m.: Town of Batavia's ladder truck requested to the scene.

UPDATE 10:30 p.m.: The roadway will reopen in five minutes.


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Oakfield-Alabama student won youth category at Squirrel Slam in Holley

By Howard B. Owens

Genesee County has at least one champion squirrel hunter.

Erica Kotarski, 13, in eighth grade at Oakfield-Alabama Central School, won the youth division in the Holly Fire Department Squirrel Slam on Saturday.

To earn the $50 prize and plaque, Erica bagged five squirrels with a total weight of 7 pounds 1.8 ounces.

As near I as I can find, HFD has not announced the other winners, but Erica's parents, Dale and Molly, are proud of their daughter and sent along the phone and information.

Erica has her lifetime hunting license and has taken all required safety courses, Molly said.

Pavilion soldier gets good write-up in article about women in combat

By Howard B. Owens

Los Angeles Times, New U.S. combat policy affirms role women already play:

Pfc. Rosie Darby said she was told by her recruiter that women could not serve as frontline combat medics. She made sure to email him when she got her current job: a platoon medic at one of the battalion's combat outposts. (Her official designation is healthcare specialist.)

"That first formation was a bit of a shell shock," she said, smiling. "Everyone was looking and asking: 'Is she in our formation? Is she a girl?' "

The petite 20-year-old from Pavilion, N.Y., soon earned their respect. Members of her platoon said she goes out with them almost every day, climbing over rows of grapevines with a pack of medical supplies on her back to avoid roads that may be seeded with bombs. "She outperforms half of us," said Sgt. Andrew Bohman, 27, of Cincinnati.

Coarse language doesn't faze her. "She's like one of the guys," said Pfc. Evan Sharp, 20, of Manteca, Calif.

Wonder if that recruiter is still in town?

Deputy Thompson and Pharoah retiring, Sheriff announces fundraising campaign for new K-9

By Howard B. Owens

Press release:

Sheriff Gary T. Maha announces that K-9 Pharoah will be retiring at the end of 2013. K-9 Pharoah is 11 years of age and has been working with Deputy Brian Thompson since November 2010. Deputy Thompson will be relinquishing his K-9 duties at the end of the year as well. Deputy Thompson has been the Genesee County Sheriff’s Office K-9 officer for the past 13 years.

The Genesee County Sheriff’s Office has been able to maintain a K-9 team for the past 13 years with support and donations from the public along with county funding. Public support and donations are vital to the continuation of this worthwhile program and are used to pay for food, veterinary services, training, equipment, and other K-9 related expenses.

The K-9 team is used for search and suspect apprehension, locating missing persons including missing children and Alzheimer patients, contraband and drug searches, tactical tracking, evidence recovery, building searches, patrol, and public presentations.

The Sheriff’s Office will be selecting a new K-9 officer and will be searching for a new K-9. The cost for a police dog ranges from between $5,000 - $8,000 and a 15-week K-9 training course costs approximately $5,000.

The Sheriff’s Office is initiating a public fundraiser for a sustainable K-9 fund for the Genesee County Sheriff’s Office. We need your support to continue with our K-9 program and are asking businesses, community organizations and individuals to make a tax-deductible donation to the “Genesee County Sheriff’s Office K-9 Fund”, 165 Park Road, Batavia, New York 14020.

Photo submitted by Sheriff's Office.

Kathy Hochul takes government relations job with M&T Bank

By Howard B. Owens

Former Rep. Kathy Hochul has landed a new job. Hochul will work for M&T Bank as vice president of government relations.

From the Buffalo News:

Hochul ... will represent M&T in building relationships with local, state and federal officials, the bank said. She will work out of M&T’s headquarters in downtown Buffalo.

Jason Molino's response to Thomas Houseknecht

By Howard B. Owens

City Manager Jason Molino sent a copy of this letter, addressed to Thomas Houseknecht, to members of the local media:

Mr. Houseknecht-

You have asked for responses to your comments over the past several weeks regarding the proposed refuse and recycling program. Attached are my responses to your questions. 

I understand your concern over the impact the proposed program may have on the those who can least afford it. While I share the same concern, I disagree with your analysis that lower assessed properties properly represents, or in any form correlates, to those who can least afford it. For example the average assessed single family home in the city is $92,112, while the average assessed two-family home is $76,534 and the average assessed triple-family home is $84,380. According to a recent EPA study, multi-family properties that have more than one household generate 1.5 times or more refuse (depending on the number of units) than a single-family property. In addition, the study states recycling tonnage per household is 65 percent greater for single-family households than for multi-family households. Considering doubles and triples generate from 1.5 to 3 times the amount of garbage as a single-family home, recycle significantly less and the property owners pay less in taxes, the current system is inequitable as we pay for garbage based on the amount of assessed value of our homes with no relationship to how much we throw out, don’t throw out, recycle or don’t recycle.

The proposed refuse fee does not target any one type of resident or property owner; instead it is intended to provide an equitable way to pay for a service based on a rational relationship between the cost of the service and the amount of service each resident uses. Similar to water, sewer, cable, electric, gas, phone and all other utilities, assessed value is not a determinant of the cost of the service, nor does it properly represent the amount of service used by individual property owners or residents.  Furthermore assessed value is not a valid method for determining the cost of refuse and recycling collection to residents.

I appreciate your passion for the refuse collection issue in Batavia and in particular for your support of ARC and its endeavors. I welcome the opportunity to sit down with you and my staff to review the numbers and understand how you arrived at some of the assumptions made in your statements to city council. Dialoging with you would certainly help us understand how we might better communicate our intentions and goals for the city as it relates to refuse collection both now and in the future.  

Sincerely,

Jason Molino

UPDATE: I failed to take note of four attachments with Jason Molino's e-mail.  Here they are (all links are to PDFs):

Alabama man already charged with multiple sex crimes indicted on 12 more criminal counts

By Howard B. Owens

Earl Francis Sprague, 42, of 1366 Church St., Alabama, already indicted on 28 counts of sexual abuse, is facing new felony charges after he was arraigned in county court today on a new indictment.

The sealed Grand Jury indictment was opened by Judge Robert C. Noonan while Sprague was in court. It contained 12 new counts against Sprague, who has also been accused of trying to have somebody murdered.

Among the new counts against Sprague is predatory sexual assault, a Class A-II felony that carries a possible sentence of 10 to 25 years in prison.

He's also charged with two Class B felonies of first-degree burglary. People convicted of Class B felonies can be sent to prison for up to 25 years.

He's also charged with first-degree sexual abuse, assault, 1st, and four counts of criminal contempt, 2nd.

In the new indictment, Sprague is accused of unlawfully entering a dwelling in the Town of Alabama and causing physical injury to another person at least twice in January, 2010.

He is accused of subjecting another person to sexual contact by force and using a foreign object in a sexual manner by force.

The predatory sexual abuse charge alleges that in the process of the forced sexual contact with a foreign object he caused physical injury to the victim.

Sprague is also accused of contacting by telephone on four separate occasions in September and January a person he was ordered by a judge not to contact.

Previously:

Alleged wooden pallet thief charged with grand larceny

By Howard B. Owens

Local law enforcement officers believe they've figured out who's been on a spree of wooden pallet thefts in the county recently.

James J. Moscicki, 32, of 1309 Dale Road, Dale, has been charged with one count of grand larceny.

He was arrested today by Batavia PD and accused of stealing $2,400 worth of pallets from a business in the city.

Though not charged yet, Moscicki may be a suspect in pallet thefts elsewhere in Genesee County.

City police have been working on the investigation with the Sheriff's Office and Le Roy PD.

It's alleged that Moscicki has been stealing the pallets and selling them to businesses in the county. He was reportedly transporting pallets in a silver Dodge Neon with a small utility trailer.

Some of the pallets were marked with identifying numbers.

Deputy John Duyssen requests that anybody with information that might lead to the recovery of pallets to contact him at (585) 345-3000, ext. 3233.

Former Bills receiver serving as honorary chairman of GCC's Trek the Trail Walkin’ 'n’ Talkin’ event

By Howard B. Owens

Former Buffalo Bills wide receiver Lou Piccone, flanked by the Cougar Dance and Cheer teams, was at Genesee Community College today to promote the upcoming Trek the Trail Walkin’ 'n’ Talkin’ event.

Piccone is honorary chairman of the event, which is set for 8:30 a.m., April 20 at the college.

The walk around the Batavia campus is open to all – young, old, athletes of all persuasions, runners, walkers, alumni, faculty and staff, people with friendly dogs, or babies in strollers.

Participants in the fund-raising event will visit nine Cougar Stops along the route featuring an array of fun encounters and prizes. 

After the walk, a picnic lunch is provided on the East Lawn. Prizes will be awarded for most pledges raised by an individual, as a team, and to the GCC student club with the most pledges. Most creative team costumes will also be recognized.

Today, Piccone talked about his football career -- which included 100 passes for 1,380 yards and six touchdowns from 1977 through 1982 with the Bills and Jets.

He also explained that he is supporting the event because a college education helped him prepare for life, even an NFL career, where offensive schemes can get complicated and he had to be able to adapt to playing more than one position.

Registration for the event is $15 per participant and includes a T-shirt, picnic lunch, prizes and treats. Children 8 and under accompanied by an adult are free. 

To register or for more information, click here.

“We’re delighted that Lou Piccone will join us for our Trek the Trail, Walkin’ 'n’ Talkin' Scholarship fundraiser, and I’m excited to give him a tour of our campus ahead of time,” said Russ Romano, Trek the Trail committee member and GCC Foundation Board member. “He brings a level of enthusiasm that raises awareness on how this event serves a multitude of terrific purposes.

Below, people involved in organizing the event: Lou Piccone, Joanna Barefoot, Andrew Maguire, Nate Shirk, Eric Sandler, Andrew Crofts, Marc Staley, Marlin Salmon and Russ Romano.

Legislature poised to call for repeal of Cuomo's gun control law

By Howard B. Owens

There is growing opposition in Upstate New York to the hastily passed SAFE Act and the Genesee County Legislature is about to join the growing chorus of jeers.

The legislature will vote on a resolution next week calling for repeal of the law, which Gov. Andrew Cuomo pushed through with little public notice following the tragedy at Sandy Hook Elementary School in Connecticut.

"This has tremendous implications for those of us who are gun owners and support the Second Amendment, so I hope somebody is listening to us," said Legislator Ray Cianfrini, who chaired the Public Service Committee meeting last night, where the resolution was introduced.

County Clerk Don Read (top photo) spoke in favor of the resolution and noted that since the first of the year his office has been flooded with requests for handgun permits and that over the past few days, people have been lining up to opt out of public disclosure of permit information.

Typically, Read said, his office can expect about 20 applications in winter months for pistol permits. In January, his office received 65 applications.

"I don't see how we can continue to keep up the pace," Read said. "It is already wearing down the staff. The tension and stress of having lines go out the door has really been difficult."

Robert Kowalski (inset photo) said he came to the legislature as a concerned citizen and asked that local lawmakers bring political pressure to get the SAFE Act revised or repealed.

"I feel it's unconstitutional and will do nothing to deter crime," Kowalski said.

Cianfrini said he found three problems with the legislation: First, it was rushed through (the 25,000-word bill was given to legislators for the first time an hour before the vote); second, the normal minimum three-day review period for a bill was waived (which Cianfrini thinks will be challenged in court); and, the law could be unconstitutional.

"I don't know how else to say it: It was shoved down our throats," Cianfrini said.

(For an explanation of the SAFE Act, click here).

Read agreed that the new law was rushed through.

"The law was put together in a haphazard, over-the-weekend process," Read said. "(Sen.) Mike Ranzenhofer and (Assemblyman) Steve Hawley both said how upset they were that all they could do was vote no. They had no say over the law, no ability to amend, nothing to do with the process."

Assuming the local legislature passes the resolution calling for repeal of the SAFE Act, Genesee County would become at least the 22nd county to oppose the new law.

Sheriffs, county clerks and even public health officials across the state have taken stands against it.

One thing the SAFE Act did do that many gun owners support is create the ability for citizens to ask that their pistol permit information be kept confidential.

Currently, pistol permits are public record. For the next 120 days, people can file requests with county clerks to opt out of disclosure of their permit data.

Those who fail to meet the deadline will still have their records made public upon request through the Freedom of Information Law.

Read said he's already received a FOIL request for permit holders names and addresses from one anti-gun Web site. He said he plans to oppose the request, which he believes will be supported by county attorney.

Read believes he can withhold the information under FOIL exemptions for "an unwarranted invasion of personal privacy" and "if disclosed could endanger the life or safety of any person."

If Read does oppose the release, he said he would expect the matter to be taken to court.

Pistol permits should not be public record, Read said.

"I don’t see why these people should be singled out any more than, say, give me a list of all the motor vehicle owned who have SUVs," Read said. "Motor vehicle records are considered confidential. We can’t give you any information on the number of vehicles registered in New York State or the names and addresses of motor vehicle registrants. I don't see why (gun owners) should be singled out."

NOTE: Kowalski has created a petiton for people to sign and be included with the resolution and sent to Albany. To download a PDF of the petition, click here. Download the petition, get people to sign it and then deliver it to the Old Courthouse.

Sheriff's Office purchasing five 'bigger' and 'safer' utility vehicles for road patrol

By Howard B. Owens

The Sheriff's Office will get five new patrol vehicles in 2013 and according to Deputy Chief Gordon Dibble the new vehicles will be bigger and safer than previous patrol vehicles.

For years, Ford's Crown Victoria has been the reigning queen of police patrol vehicles, but Ford has discontinued the Crown Vic. Last year the Sheriff's Office, like Batavia PD, acquired a souped-up Ford Taurus.

This year the Sheriff's Office is opting for an all-wheel-drive utility vehicle from Ford.

"We got the sedans last year and had some issues, so we think we might be better off with the utilities this year," Dibble said. "They sit up a little higher. They're easier for the guys to get in and out of. There's more space, more room in the back, obviously more cargo space. They do better on ice, and they'll have a longer life and higher trade-in value."

The $111,480 purchase price is accounted for in the county budget and the remainder of the $13,000 budgeted will be used to equip the vehicles for patrol work. The County Highway Department will mark the vehicles, which saves the county money.

The five utility vehicles are replacing five Crown Vics, one from 2008, two from 2009 and two from 2010.

On average, the vehicles have 130,000 miles on them, but miles driven doesn't account for all the wear on the engine from hours and hours of idling (police vehicles are rarely turned off).

The new patrol units are being purchased from the lowest bidder, Delacy Ford, 3061 Transit Road, Elma.

The old vehicles generated a total of $18,300 trade-in allowance.

Darien man killed in early morning crash on Route 238

By Howard B. Owens

A 25-year-old man from Darien was pronounced dead at the scene of a two-car accident on Route 238, Town of Darien, this morning.

Timothy R. Bezczynski was pronounced dead by Coroner Kristine Flanagan.

The driver of the other car, Mary P. Dufour, 59, of Dale, was transported to ECMC by an ambulance with a fractured leg and other injuries.

A Mitsubishi Lancer driven by Bezczynski and a Chevrolet Trailblazer driven by Dufour hit head on on snow-covered Attica Road about a mile southeast of Griswold Road shortly after 6 a.m.

A deputy who arrived on scene first notified dispatchers of a possible fatality.

Darien Fire Department and Ambulance Service and Mercy EMS were dispatched. Mercy Flight was grounded due to weather.

The cause of the accident remains under investigation. Deputy Chief Gordon Dibble said that investigators have yet to determine which vehicle crossed the center line.

Bezczynski was headed eastbound and Dufour was westbound.

Both victims required extrication from their vehicles by Darien fire volunteers.

Route 238 was closed in both directions for about three hours following the accident.

Assisting in the investigation are Deputy John Weis, Deputy Lonnie Nati, Deputy Jason Saile, Deputy Eric Seppala and Sgt. Brian Frieday.

Alexander fire and Attica fire assisted with traffic control. Mercy EMS also assisted at the scene.

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